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Mr John Wilkie v Anderson of Dowhill. [1670] Mor 9084 (8 January 1670)
URL: http://www.bailii.org/scot/cases/ScotCS/1670/Mor2209084-027.html Cite as:
[1670] Mor 9084
Subject_1 MINOR NON TENETUR, &c. Subject_2 SECT. II.
The Privilege of Minor non tenetur is not a defence against production. - Nor against actions to which the Minor is liable from the nature of his right. - Nor against a proving of the tenor.
Mr John Wilkie v. Anderson of Dowhill
Date: 8 January 1670 Case No. No 27.
A minor is obliged to produce in an improbation, reserving his defence, that non tenetur placitare.
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In an improbation pursued at Wilkie's instance, it being alleged for the defenders, that no certification could be granted, quia minor; non tenetur placitare super bæreditate paterna;—the Lords, notwithstanding, did ordain them to produce, reserving the said defence, and all others, after production.
Fol. Dic. v. 1. p. 589. Gosford, MS. No 222.
*** A similar decision was pronounced, 27th November 1678, Guthrie against Lord Guthrie, No 16. p. 9069.
